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Is legal separation a viable option?

On Behalf of | Nov 7, 2021 | Divorce |

When married couples in Georgia and elsewhere experience periods of strain within their relationships, some may begin to ask questions about what is in store for their futures. While in some cases, a couple may feel that dissolving the marriage is the best path, those who are uncertain about this decision may wonder if legal separation might be a viable option. Understanding the differences between divorce and legal separation could prove integral to helping individuals prepare to make informed choices about their future. 

Possible differences 

Experts indicate that divorce and legal separation may differ in various ways. While those involved in a legal separation may live apart from one another, their marital status typically remains the same. As such, issues pertaining to decision-making responsibilities for next of kin may still fall to one’s spouse should the need arise. Experts also suggest that those involved in a legal separation may still receive the benefits of a spouse’s healthcare and insurance policies, while those who finalize a divorce may face a need to obtain their own policies. 

Another significant difference between divorce and separation could pertain to marital finances and debts. Any debts accumulated by either spouse during a legal separation may still be deemed marital property. Experts suggest that another topic to address when comparing divorce and separation may involve the possibility or likelihood of reconciliation, as this could also influence one’s decisions. 

Choosing a path 

Individuals who remain uncertain about the future of their marriages could benefit from seeking insight on their options and the differences between divorce and separation. By speaking with an attorney, a person in Georgia could obtain much needed guidance on all his or her available options and advice in making informed decisions about the situation. An attorney can also provide a client with insight on how best to protect his or her interests during a separation and assist in preparing a strategy with which to seek the most favorable outcome possible should he or she decide to dissolve the marriage in the future. 


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